Tender No.: 465S/2011/12 - City of Cape Town

Tender No.: 465S/2011/12
31. Notices
31.1 Every written acceptance of a bid shall be posted to the supplier concerned by registered or certified mail, and
any other notice to him shall be posted by ordinary mail, to the address furnished in his bid or to the address
notified later by him in writing; and such posting shall be deemed to be proper service of such notice.
31.2 The time mentioned in the contract documents for performing any act after such aforesaid notice has been
given, shall be reckoned from the date of posting of such notice.
32. Taxes and Duties
32.1 A foreign supplier shall be entirely responsible for all taxes, stamp duties, licence fees, and other such levies
imposed outside the purchaser’s country.
32.2 A local supplier shall be entirely responsible for all taxes, duties, licence fees, etc., incurred until delivery of the
contracted goods to the purchaser.
32.3 No contract shall be concluded with any bidder whose tax matters are not in order. Prior to the award of a bid
the Department must be in possession of a tax clearance certificate submitted by the bidder. This certificate
must be an original issued by the South African Revenue Services.
33. National Industrial Participation (NIP) Programme
33.1 The NIP Programme administered by the Department of Trade and Industry shall be applicable to all contracts
that are subject to the NIP obligation.
34 Prohibition of Restrictive practices
34.1 In terms of section 4 (1) (b) (iii) of the Competition Act, Act 89 of 1998, as amended, an agreement between or
concerted practice by firms, or a decision by an association of firms, is prohibited if it is between parties in a
horizontal relationship and if a bidder(s) is/are or a contractor(s) was/were involved in collusive bidding (or bid
rigging).
34.2 If a bidder(s) or contractor(s), based on reasonable grounds or evidence obtained by the purchaser, has/have
engaged in the restrictive practice referred to above, the purchaser may refer the matter to the Competition
Commission for investigation and possible imposition of administrative penalties as contemplated in the
Competition Act, Act 89 of 1998.
34.3 If a bidder(s) or contractor(s) has/have been found guilty by the Competition Commission of the restrictive
practice referred to above, the purchaser may, in addition and without prejudice to any other remedy provided
for, invalidate the bid(s) for such item(s) offered, and/or terminate the contract in whole or part, and/or restrict
the bidder(s) or contractor(s) from conducting business with the public sector for a period not exceeding 10 (ten)
years and/or claim damages from the bidder(s) or contractor(s) concerned.
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